Terms of service

These Terms of Service (“Terms”) are a legally binding agreement between you and Zinance Inc., a corporation organized under the laws of Ontario, Canada (“Company,” “we,” “us,” or “our”).

What these Terms cover

These Terms govern your use of the Zinance mobile applications that link to this page from their settings screen, together with this website (collectively, the “Services”). Some of our apps are published with their own terms of service. Where an app links to its own terms, those terms govern that app and these Terms do not apply to it.

“Company Parties” means the Company and its directors, officers, employees, agents, affiliates, successors, and assigns.

Your agreement

By downloading, installing, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not use the Services.

Changes to these Terms

We may update these Terms. If a change is material, we will give you at least thirty (30) days’ notice before it takes effect, by updating the effective date at the top of this page and by notice in the app or by email where we have your address. Changes apply only going forward and never to a dispute that has already arisen. If you do not agree to a change, your remedy is to stop using the Services and cancel any subscription before the change takes effect — see Section 04 (Subscriptions & Purchases) and Section 09 (Data & Account Deletion). Non-material changes, such as corrections and clarifications, take effect when posted.

The Services are intended for a general audience and are not directed to children under 13 (or the applicable age of digital consent in your jurisdiction). You must be at least 13 to agree to these Terms on your own behalf.

• If you are under the age of majority where you live, you may use the Services only with the involvement of a parent or legal guardian who agrees to these Terms.
• A parent or guardian who permits a minor to use the Services accepts these Terms on that minor’s behalf and is responsible for supervising that use, including any purchase made from the device.
• We do not knowingly collect personal information from children under 13. If we learn that we have, we delete it. See Children’s Privacy in our Privacy Policy.
• If you are a parent or guardian and believe a child has provided us personal information, contact us at the address in Section 19 (Contact) and we will delete it.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use our applications on devices that you own or control, and to access this website, solely for your personal, non-commercial entertainment purposes.

Applications obtained through the Apple App Store are also subject to Apple’s Usage Rules, including the rules on Family Sharing and the number of devices permitted. This license grants no right, title, or interest beyond what is expressly stated here. All other rights are reserved.

Some of our applications offer optional paid features, including auto-renewing subscriptions. The price, billing period, and what each subscription includes are shown in the app before you purchase, and those in-app details are authoritative.

Apple processes every purchase

All purchases are made through the Apple App Store. Apple is the merchant of record. We never receive or store your payment card details. Your purchase is also subject to Apple’s Media Services Terms and Conditions, and applicable taxes are collected by Apple according to your storefront.

Auto-renewal and cancellation

• Subscriptions renew automatically at the end of each billing period unless you cancel at least 24 hours before that period ends.
• Your Apple ID is charged for renewal within 24 hours before the current period ends, at the price then shown for your subscription.
• You cancel through Apple, not through us. Manage or cancel any subscription in Settings › your name › Subscriptions on your device. We are not able to cancel a subscription on your behalf, and deleting the app does not cancel it.
• Cancelling stops future renewals. You keep access for the remainder of the period you have already paid for.
• Where a free trial is offered, any unused portion is forfeited if you purchase a subscription during the trial.

Refunds

Because Apple is the merchant of record, refunds are handled by Apple and granted at Apple’s discretion. Request one at reportaproblem.apple.com. You may also contact us at the address in Section 19 (Contact) and we will help where we can. Nothing here limits any refund or cancellation right you have under the consumer law of your own country or province.

Price changes

If we change the price of a subscription, the new price applies only to billing periods beginning after we give you notice, and only after you accept the new price where your platform or applicable law requires consent. Otherwise your subscription simply will not renew.

Paid features are licensed, not sold

Paid features, virtual items, and in-game currency are a limited license to use them within the app. They have no monetary value, cannot be redeemed for cash, and cannot be transferred or sold. We do not operate any form of gambling or real-money gaming and we do not award prizes of monetary value.

The Services, including all content, features, functionality, software, code, graphics, designs, text, images, sounds, music, and other materials in them (collectively, “Company Content”), are owned by the Company or its licensors and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You agree not to:

• Copy, reproduce, distribute, publish, display, modify, or create derivative works based on the Services or Company Content, except that you may share screenshots, recordings, and streams of your own gameplay for non-commercial purposes;
• Reverse engineer, decompile, or disassemble the Services, except to the extent this restriction is prohibited by applicable law or where the law permits it for interoperability;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notice;
• Use any robot, spider, scraper, or automated means to access the Services, except for search-engine indexing we permit, assistive and accessibility technology, and anything else permitted by law;
• Sell, license, rent, lease, or otherwise commercialize the Services or Company Content.

Our applications rely on the Apple App Store for distribution and payments, and our online multiplayer features connect to servers we operate with our hosting provider. Some apps use the camera solely to scan a QR code so you can join a game. Your use of any third-party service is subject to that party’s own terms and privacy policy, and we are not responsible for its content, accuracy, or availability.

Apple App Store terms

If you obtained an application through the Apple App Store, the following applies:

• These Terms are between you and the Company only, not with Apple Inc. (“Apple”). The Company, not Apple, is solely responsible for the application and its content.
• Apple has no obligation to provide any maintenance or support for the application.
• If the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application, and any other claim relating to a warranty failure is the Company’s responsibility.
• The Company, not Apple, is responsible for addressing any claim by you or a third party relating to the application, including product liability claims, any claim that the application fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• The Company, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the application infringes that third party’s intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms when using the application.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you as a third-party beneficiary.

You agree not to:

• Use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized software designed to modify or interfere with the Services;
• Manipulate or artificially inflate scores, rankings, or game results;
• Use the Services in any way that could disable, overburden, damage, or impair them;
• Attempt to gain unauthorized access to any part of the Services or any system or network connected to them;
• Harass, abuse, threaten, or impersonate anyone through any feature of the Services;
• Submit offensive, obscene, hateful, or otherwise inappropriate names or content;
• Violate any applicable law or regulation, or these Terms.

We have no tolerance for abusive users or objectionable content. You can report a problem to us at the address in Section 19 (Contact), and we aim to respond within 24 hours. We may remove content and suspend or terminate access in accordance with Section 13 (Termination).

Some features let you submit content — for example a display name, a game code, or words and guesses you enter during an online multiplayer game (“User Content”). You keep ownership of your User Content.

You grant the Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and transmit your User Content solely to operate and provide the Services — for example, showing your display name to other players in the same game. This license ends when your User Content is deleted, except to the extent it has already been shared with other players.

You represent that your User Content does not violate anyone’s rights and complies with applicable law and these Terms. We may remove User Content that breaches these Terms. We are not obligated to monitor User Content, but we may do so.

Our applications do not require you to create an account. Where an application stores data associated with you, you can delete it from within that application, and deleting the application from your device removes the data stored on the device.

To request deletion of anything held on our servers, or to exercise any other privacy right, contact us at the address in Section 19 (Contact) or see Your Privacy Rights. Deleting your data does not cancel an active subscription — you must cancel that through Apple, as described in Section 04 (Subscriptions & Purchases).

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components;
• Warranties regarding the accuracy, reliability, or completeness of any content.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY, GUARANTEE, OR CONDITION THAT APPLICABLE CONSUMER LAW DOES NOT PERMIT US TO EXCLUDE OR LIMIT. IF YOU ARE A CONSUMER IN ONTARIO, QUEBEC, THE EUROPEAN ECONOMIC AREA, THE UNITED KINGDOM, OR ANOTHER JURISDICTION WITH MANDATORY CONSUMER PROTECTIONS, YOU KEEP EVERY RIGHT THAT LAW GIVES YOU, AND THOSE RIGHTS PREVAIL OVER ANYTHING IN THIS SECTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, punitive, or exemplary damages;
• Any loss of profits, revenue, data, goodwill, or other intangible losses;
• Any damages arising from unauthorized access to or alteration of your data or transmissions;
• Any damages arising from the conduct of any third party.

THE COMPANY PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE APPLICATION AND ITS IN-APP PURCHASES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

THESE LIMITS DO NOT APPLY TO LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR TO ANY OTHER LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT US TO LIMIT OR EXCLUDE. IF YOU ARE A CONSUMER, NOTHING IN THIS SECTION AFFECTS YOUR NON-WAIVABLE STATUTORY RIGHTS.

You agree to indemnify and hold harmless the Company Parties from any third-party claim, and from reasonable costs and legal fees arising from it, to the extent it arises from: (a) your breach of these Terms; (b) your violation of applicable law; (c) your violation of a third party’s rights; or (d) your User Content.

This obligation does not apply to the extent a claim arises from the negligence, gross negligence, or willful misconduct of a Company Party. We will notify you promptly of any claim for which we seek indemnification, and we will not settle any such claim without your consent, which you will not unreasonably withhold. This obligation survives termination of these Terms.

You may stop using the Services at any time by deleting the application. We may suspend or terminate your access if you breach these Terms, if we are required to by law, or to protect the Services or other users. Where it is practical and lawful to do so, we will give you notice and, for a breach that can be fixed, a reasonable chance to fix it. If you believe we have acted in error, contact us at the address in Section 19 (Contact) and we will review it.

We may also modify or discontinue a feature or an entire application. If we discontinue an application you subscribe to, we will give reasonable notice and will not charge you for any billing period beginning after it is discontinued.

Termination does not by itself cancel a subscription billed by Apple; see Section 04 (Subscriptions & Purchases). On termination, your right to use the Services ends and we may delete data associated with your use. The following survive termination: Section 05 (Intellectual Property), Section 08 (User Content), Section 10 (Disclaimer of Warranties), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 14 (Governing Law), Section 15 (Dispute Resolution), Section 16 (Severability), Section 17 (Entire Agreement), and Section 18 (Waiver), together with any other provision that by its nature should survive.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict of law principles. Subject to the paragraph below, the courts of Ontario have exclusive jurisdiction over any dispute, and you consent to their personal jurisdiction.

If you are a consumer, this section does not deprive you of the protection of the mandatory laws of the country or province where you live, and it does not prevent you from bringing proceedings in your local courts where the law gives you that right. Consumers in Quebec and the European Economic Area, among others, have that right. Nothing in this section prevents either party from seeking injunctive relief to protect intellectual property in any court of competent jurisdiction, or from bringing a claim in a small claims court that has jurisdiction.

Before starting formal proceedings, you agree to contact us first at admin@zinance.app so we can try to resolve the matter informally. Please include your name, the app involved, a description of the problem, and what you would like us to do. We will try to resolve it within thirty (30) days of receiving your notice, and we will contact you the same way if we have a dispute with you.

If we cannot resolve it informally, either party may pursue the matter in accordance with Section 14 (Governing Law). Nothing in this section requires you to delay a claim beyond any limitation period, or prevents you from contacting a consumer protection authority.

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid while preserving its intent, or severed if it cannot be. The remaining provisions stay in full force. If a limitation in Section 11 (Limitation of Liability) is held unenforceable as to a particular claim, it continues to apply to every other claim.

These Terms, together with our Privacy Policy and any terms shown to you at the time of a purchase, are the entire agreement between you and the Company for the Services these Terms cover, and they supersede any prior agreement on that subject. Nothing in this section limits liability for fraudulent misrepresentation, or affects a consumer’s statutory rights.

A failure by either party to enforce any provision of these Terms is not a waiver of that provision or of any other, and no single or partial exercise of a right prevents any further exercise of it.

Questions, concerns, reports, or requests regarding these Terms? Reach the studio directly:

Zinance Inc., a corporation organized under the laws of Ontario, Canada
admin@zinance.app

Email is the fastest way to reach us and we read everything. If you need a postal address to serve a formal legal notice, email us and we will provide it. Our registered office address is also on the public record with the Government of Ontario.